G. DHARMARAJAN Vs. JAI BHAGWAN

JUDGEMENT

(1.) THIS is a petition for quashing of the complaint filed by the respondent in the Court of Judicial Magistrate, Narwana under section 420, Indian Penal Code, and the order of summoning of the petitioner by Judicial Magistrate Ist class, Narwana, dated September 19, 1987.

(2.) THE facts leading to this petition are that the petitioner is partner of A. S. Gurusami Nadar firm, Theni, Tamil Nadu. The said firm had placed an order for purchase of eight, wagons of broken rice from the respondent on February 23, 1986. According to the petitioner, the broken rice supplied was found to be of different quality and, therefore, the petitioner's firm could not take delivery. On knowing the petitioner firm's reaction, the respondent had sent a representative who had held discussions with the petitioner firm on April 24, 1986. A compromise was entered into in which the parties agreed that the petitioner firm would, take three wagons load of broken rice sent by the respondent and the respondent will make their own arrangements to have the other five wagons load of broken rice. On these basis two wagons of broken rice were cleared by the petitioner firm and the price of the same was released. A copy of the said compromise which was reduced into writing was filed with the petition as Annexure P. 1.

(3.) ACCORDING to the petitioner, the above-said goods arrived on June 12, 1986, but the bank informed the petitioner-firm that the above bills of the Hundis were returned on June, 5 1986. A copy of the letter of the Bank was attached with the petition as Annexure P. 4.